Loading...
HomeMy WebLinkAbout2012-08-21 Town Council MinutesVail Town Council Meeting Minutes Tuesday, August 21, 2012 6:00 P.M. Vail Town Council Chambers The regular meeting of the Vail Town Council was called to order at approximately 6:00 P.M. by Mayor Andy Daly. Members present: Andy Daly, Mayor Kerry Donovan Kevin Foley Greg Moffet Margaret Rogers Susie Tjossem Members Absent: Ludwig Kurz Staff members: Stan Zemler, Town Manager Matt Mire, Town Attorney Pam Brandmeyer, Assistant Town Manager Lorelei Donaldson, Town Clerk The first item on the agenda was Citizen Participation. Kaye Ferry, Chairman of the Eagle County Republicans, introduced Republican candidates Scott Turner, running for District Attorney (DA) for the 5`h Judicial District, Courtney Holm running for Eagle County Commissioner District 2; and Chuck McConnell, running for Colorado Representative for House District 26. Scott Turner said he has worked in the 5ch Judicial District for many years and is running for DA as Mark Hulbert is term limited. He said he has nine years of experience in several D.A.'s offices and has experience and leadership to do the job. He is also on several statewide boards that contribute to his experience that would allow him to be a leader in the D.A.'s office. He thanked the Council for their time. Courtney Holm said she is replacing Shayne Mitchell on the ballot as the Republican candidate for the Eagle County Commissioner for District 2 in November. She is excited and ready to do the job to the best of her ability. Chuck McConnell said he is running for Representative for House District 26 which includes Eagle and Routt counties. He lives in Steamboat Springs and stated he could make a great contribution to District 26. He said small businesses are the heartbeat of the economy and he wants to simplify regulations and nurture small businesses to grow. He said common sense needs to be brought into government. He thanked the Council for the opportunity to speak to them and the community. Dick Cleveland stated he is on the Eagle County Trails Committee. He said the Vail Pass Recreation Path needed to be repaired and the Colorado Department of Transportation (CDOT) Town of Vail August 21, 2012 Minutes Page 1 has been given $1.3 million to do the repairs. Beginning September 41h, the entire path will be overlayed from the gate in East Vail on Highway 6 up to the Black Lakes. There will be closures on the path from September 10`h to September 27`h, Monday through Thursday of each week. The path will remain open on Friday, Saturday and Sunday of each week during the construction process. There will be notices in the Vail Daily and Summit Daily newspapers each day with the construction schedule. The upgrade includes signage from East Vail to the Black Lakes. He asked if could work with the town's communications manager, Suzanne Silverthorn, to help keep folks informed on this project. Rogers asked if they are going to add a wall in a section of the road where water runs off from I- 70 onto the path. Cleveland said there will be some culvert work but there is nothing scheduled. There is no money for this but they are reviewing options. CDOT found money to do this work this year. There may some work on the Summit County side of the pass next year if funding is available. Stephen Connolly said there was a comment missing from Daly Bugby on the July 3 meeting minutes. He said Bugby stated in his study of the Vail Recreation District (VRD) safety records, Bugby read there were three instances where people were struck by golf balls and only one of those was on the 181h hole. Georgene Burton handed out the book, "The Unthinkable", by Amanda Ripley to the Council for their reading on who survives when disasters strike and why. She wants everyone to think about what could happen if a wild fire broke out in the Eagle County/Vail area. She asked if anyone had ever seen a crying baby at a fire site. The answer was no. They get them out as soon as possible. She said the bottom line if there is a fire here is to follow the crying babies out of town and leave when they leave, don't wait. Everyone needs to learn the physical reactions and automatic motions that people have when they react to fires. She said this book helps teach the general population about being better prepared to take care of themselves. She said she would like to teach people how to better react and prepare in case a fire breaks out in Eagle County. She asked a fire fighter what people should do if a fire breaks out and he said to get out of the area as soon as possible. The second item on the agenda was the Consent Agenda. On the consent agenda was the approval of the July 3 and 17, 2012 meeting minutes and the approval of a bridge railing rehabilitation award to the low bidder, Mueller Construction Services, Inc., to complete the project on the Meadow Drive Bridge over Gore Creek in East Vail in the amount of $64,664.00. The project is budgeted and scheduled to be completed by November 15, 2012. Foley, Donovan and Daly gave the town clerk minor language corrections and spelling of names to change for the minutes of July 3 and July 17. Foley made a motion to approve the meeting minutes of July 3 and July 17, 2012 with amended changes. The motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Moffet made a motion to approve the award for the Meadow Drive Bridge railing rehabilitation to Mueller Construction Services, Inc. in the amount of $64,664.00 and the motion was seconded by Donovan. A vote was taken and it was passed unanimously, 6-0. The third item on the agenda was the Town Manager Report. There was nothing to report at this meeting. Town of Vail August 21, 2012 Minutes Page 2 The fourth item on the agenda was the Vail Golf and Nordic Clubhouse Project Update. Greg Hall said this was an update on the golf course clubhouse project and the purpose of the previous meetings was to collect all the concerns and comments out there from the public and staff made a comprehensive list of the issues. The staff will be coming back to the next two September Council meetings with this item and taking the questions and concerns and addressing each one. The memorandum has a list of the concerns. They will be sharing the answers with the Council and the community. He said a neighborhood meeting was held on July 24 out at the golf clubhouse and staff received more feedback from the neighborhood. During this process, staff will continue to add to the list of concerned topics and items. All the people who asked to be informed were sent out emails of notices of the meeting. Tjossem asked if any new drawings were done based on feedback. Hall said they are in the conceptual drawing stage and they are still drafting diagrams. Some of the concerns for the parking lot have not been added to the drawings as yet. The drawings will be available at the September meetings. They may have some meetings with individuals between now and September 4 and 18. They don't have drawings of the elevations, orientation, activity, lighting, are all items that need to be addressed. He said the September 4t' meeting will be about operational hours, what is allowed and not allowed and zoning process issues. Stephen Connolly stated the flow of information is going well. He thanked everyone for their help. He said an event facility for up to 200 people is too large. He asked how the town came up with the 200-person figure for the facility space. Zemler stated staff is working on comprehensive answers so they are consistent when they supply them. This question will be one of them. Connolly said if this number is scaled back it will reduce light, noise and other impacts to the neighborhood and reduce the patio area and reduce the danger zone and netting height. Zemler said he is referring to Donovan statistics. He said this room will host more than just weddings. Connolly said he wanted hard numbers before they move forward any further. Art Apblanalp, an attorney representing Glen Hilliard, one of the property owners adjacent to the 18`" hole, stated he is also representing many other adjacent property owners west of Sunburst Drive. He said the town has received additional input the message from the input has not been understood. He stated the town intends to convert the clubhouse into an event center designed to accommodate more people than Donovan Pavilion. He said the town's plan is unacceptable to the community. He said changing the 18t' hole and the conversion of the clubhouse violates the Pulis covenants. He read a list of issues changing the 18t' hole, adding an event center, safety issues, and other items in a list into the record. He said depleting funding and resources are a concern. He said the neighbors want a world class golf clubhouse not a hybrid clubhouse/event center. He said if the clubhouse was expanded as is, the neighbors would have no alternative but to take action against this project. What is needed is a world class club house. Tjossem said she wanted to correct some misinformation given by Abplanalp. She read the response from Laurie Asmussen on the numbers from Donovan Pavilion. Abplanalp said this multiuse facility was going to dwarf the Donovan Pavilion. Greg Hall said the space at the golf course clubhouse is approximately 2,700 square feet or less than half the size of the Donovan Pavilion. Daly asked if Abplanalp had reviewed the memo from August 21' memorandum. He asked Abplanalp to review the list to make sure it is a comprehensive list. Daly said he hasn't Town of Vail August 21, 2012 Minutes Page 3 seen an addition for lighting concerns in evening in the list. Abplanalp said there are three pages of issues and that they cannot be resolved within the current proposal as submitted. He said the Council said the multi use facility was going to be built within the current footprint of the golf course club house. Daly said the Council did not state that it would be in the current footprint. Moffet asked for clarity from Abplanalp about who he was representing, the neighborhood or the community at large, as he kept saying the community doesn't want the clubhouse to have an event center in it. Abplanalp was offended by this interruption and comment by Moffet. Daly said the Council is trying to address neighborhood concerns and the threat from him and the neighborhood owners has been clearly heard. Dale Bugby said he believes there have been changes to this project since the last time he spoke. He said changing the 18`h hole was still on the table. They should leave it alone and raise the netting. He said the neighborhood was heard at a meeting on July 24h, but no one has asked the golfers what their concerns are with this project. He said the town chose to meet with the neighborhood but didn't meet with the golfers and he is offended by that. He said feedback is needed from the golfers as they are not happy with how this project is going. He suggested the town include restaurant owners as well. He thinks they need to add input as to how to make a viable restaurant work there. He said the solution is to save the 18`h hold and do what the town wants with the clubhouse. Tjossem said she attended two meetings that had many golfers in attendance. The Vail Recreation District (VRD) had meeting with golfers at one of their regular monthly meetings and Jeff Wiles met with a large group of golfers a day or two after that meeting. She said they heard from many golfers who gave the VRD positive feed back. Tjossem said she wanted to make sure people are hearing other sides of this issue. Mike Ortiz, Director of the VRD, stated the meetings with the golfers were held this past summer. Malia Norbrega said she is the property manager for the Vail Golf Course Townhomes Phases 2, 3 and 4, which are adjacent to the golf course and includes about 61 property owners. She said universally, no one is happy about changing the 181h hole nor were they happy about an events center being added to the clubhouse. She said 15 homeowners responded to a questionnaire she sent out. Six of them were strongly opposed to moving the 18t�' hole and nine of them questioned why the 18t' hole should move. All of them were opposed to any event center. It would be overwhelming to the neighborhood and all of them are worried about it. They want a neighborhood agreement if an event center is added. She went to a neighborhood meeting but they didn't say how this project should look. She hopes there will be more than one meeting with the neighbors. They want some say on what happens there and not be forced to fight with the golf course when issues come up, when there is no parking on the street and have noise issues. They want the renovation but don't want an events center or other large venue at the club house. Rogers asked if she had emails for all these property owners. Norbrega said she does. Rogers asked for those emails so staff could get timely information out to them. Norbrega said they are getting their information from her and she is compiling information as she gets it and putting it on a website she has created. Daly said an operating agreement is being formulated by the VRD and will be coming forward and will be transparent to the community and there will be plenty of opportunity for input. Town of Vail August 21, 2012 Minutes Page 4 Norbrega said if the town and VRD have to rezone this area they want to make sure everything in the current zoning is abided by except for height which may have to be changed. Tjossem asked for the emails from her property owners to give to Greg Hall for the town's records. Norbrega said several owners have looked at the temporary structures and they like them, which is something positive. Bill Pierce, owner in Fall Ridge said he is supportive of this project. He is speaking as a citizen and a person not old enough to golf yet. He said change is inevitable. If we don't adapt, change, improve and modify, we will fall behind as a world class resort. This improvement is necessary and we need to look at ways to improve this and not looking at Donovan Pavilion as far as size, meetings and type of building. Joe Bachelor said his family has owned a Vail Golf Course Townhome for 25 years. He is concerned about the expanded parking. If they are talking about a facility that would accommodate an additional 200 people this is a concern. He said traffic planners figure 2.5 people per car for any event. A space for 200 would need an additional 75 parking spaces outside of golf activities. There are currently about 100 parking spaces and an additional 20 more spaces would be needed. If you look at case studies, they show you will have to limit parking as traffic congestion will occur. He said using the term "event center" is a poor term to use. He said people should use "community center" as it is more like what that space would be. He said if the town and VRD want to get the neighborhood on their side, give them additional neighborhood amenities. Maybe a small grocery store or a wine and cheese shop may help sell this project. Jim Lamont, representing the Vail Homeowners Association, said it may be helpful to give a summary at the end of this discussion so that the public has a sense of where we have been and where we are going with this project as not everyone understands where we are in the process and what subjects are not on the table and will not be revisited. Daly said they will address this at the conclusion of all input. Norbrega asked if this was an event center, a banquet room or a community room. Daly said this is an expansion of the current restaurant space by 18 feet. Zemler said the staff has asked the architects to address the long list that was submitted that need to be addressed and resolved. The architects, through the town's process will have to address these and adhere to the regulations of the town. Many of the things in the PEC process are going to have to answer many of these questions. They have asked the architects if there are alternatives. The town is not stuck today and they are looking at addressing many concerns. The golf course hole has received Council and PEC direction and will not be addressed anymore. The conceptual review of temporary structures will be coming up. Hall said this will go to PEC in September for the temporary facilities that VRD will operate out of while the clubhouse is under construction and being renovated. The site planning and other constructs will be brought back to Council in the next two meetings. Hall said a submittal to PEC is tentatively scheduled for late September or early October to the PEC after consulting with the neighborhood. Zemler said they will be consulting the community and will try to incorporate as much as possible knowing the town will not be able to make everyone happy or satisfy everyone. He Town of Vail August 21, 2012 Minutes Page 5 said the VRD operational plan will be reviewed in the next few weeks as well which may answer a lot of the questions and issues that have been raised. Daly reiterated that Council would like Art Abplanalp, as the property owner's attorney, review the list and add any discussion points or additional items that may be missing and submit that list to the staff to be reviewed and addressed. The fifth item on the agenda was an update on the Vail Valley Medical Center (VVMC) Master Planning Process. Doris Kirchner, Chief Executive Officer of the VVMC, thanked the Council for the opportunity to provide an update. This is the beginning of many more updates to come. They retained a consultant and three months ago they interviewed key stakeholders such as the doctors, staff and ancillary staff and lease holders within the hospital to begin to find a facility planning firm. A Request for Proposal (RFP) process has begun and the documents will be mailed out in the next ten days and a firm decision will be made by mid -October on which consulting firm will be retained. There are four areas that will be focused on: 1) emergency services and the location of emergency services; 2) site and community considerations such as traffic and parking studies, minimizing intrusions in the neighborhoods, locating loading docks; 3) infrastructure and work flow adjacencies, identifying services that can be done off site; and 4) space planning for private rooms, redevelopment of surgical services and expanded critical care services plus others. She said the loading and delivery services could be off site. Space planning will be about a nine to twelve month process. Then there is a 90-100 day architectural planning phase bringing them into January or February of 2014. Key points are that the VVMC is staying in Vail, they will address ambulance services, traffic and emergency services, loading and delivery, minimizing intrusions into the neighborhood, have a traffic study done, etc. They are identifying services that can be done elsewhere. They have moved approximately 40-60 trips away from Meadow Drive as they have sent these services down to the Edwards facility. The VVMC will remain a Level 3 trauma center which will require a helipad on site. She said there are approximately six times a month that there is a need to use a helicopter. They don't expect that number to increase. The hospital knows they need to do a better job to address issues the neighborhood has with the VVMC. The VVMC contributes significantly to the preservation care of the community healthcare. Their goal is to implement the best facility plan that will serve the healthcare needs now and in the near and distant future. They are committed to a thorough study process of each and all the elements to reach their goal. They will keep the Council and the community informed through various meetings, BLOG's and such as they navigate the process. Donovan asked to clear up the number of flights out of Vail was six flights per month and not six fights per day, that have a patient in the helicopter. Kirchner said its six flights per month. Donovan said rumors were circulating in town that the hospital has approached the helicopter company to have Vail be their home base and increase flights because this would be where they would park the helicopter everyday. Kirchner said she is dispelling the rumor as they are not considering the VVMC to be a base for helicopter services as they would have to provide fuel services. She stated this rumor may have been due to last year's Tri State Air Flight's service of the helicopter coming in and out of Vail twice a day. That is no longer happening. She said the hospital will only be providing critical care services for transport out of the area for higher service levels in other areas. She said Town of Vail August 21, 2012 Minutes Page 6 there would only be inbound flights picking up patients to take them out of Vail. They won't be bringing critical care patients to Vail. They are a Level 3 trauma center and not a Level 1 trauma center. Rogers asked about the differences were between a Level 1 trauma services versus Level 3 trauma services. Kirchner said Level 1 services consist of 24 hour/7 days a week (24/7) care and the anesthesiologists and trauma surgeons have to be on site 100% of the time and 100% of the time blood transfusions etc. have to be available on site. Level 3 trauma is when the hospital has the capability of providing 24/7 care only to the point of having board certified trauma surgeons on staff and anesthesiologists available in sleep rooms or within 20-30 minutes of the hospital. Also, blood transfusions capabilities are available but not for large events. Daly asked about when the community outreach process starts, how it will look like and when input will be available to the community. Kirchner said they are adding a BLOG on their website that will be in place within the next 30 days; information will be in the newspaper, through intermittent Town Council updates as necessary and they will be hosting community open houses when information needs to be communicated to the community. Once the consulting firm is in place the meetings will be ongoing and the information will be disseminated about once a month or every other month. Daly asked when input from the community and neighborhood begins. Kirchner said at the same time, so they will get timely feedback. Tjossem asked if the hospital process will be lagging behind the behind the medical office building construction about two years. She wanted to know about the options of where the helipad will and can be placed. She said the FAA regulations discourage flight plans of the helicopters in neighborhood. Is this accurate? She said this topic should be scheduled to be resolved earlier in the process so they don't limit their choices down the line. Kirchner said the hospital staff is looking at the helipad issue. There area helipads at Trauma 1 hospitals in Denver that are in neighborhoods. She said there are no statutory regulations on where helicopters can be placed. However, safety is of the upmost importance. Laine Lapin, a neighbor on West Meadow Drive, thanked the Council for the lost speed limit sign on West Meadow Drive that has been replaced. She sent an email of August 19th was on vehicular safety on West Meadow Drive. She said as far as the WMC expansion, she asked the town to provide the process with a record of a formal traffic study prior to this expansion. Daly said there has been no formal traffic study done while he has been on Council. He said they acknowledge there are pedestrians, vehicular traffic, bicycles, and general recreational use on Meadow Drive. They want to have summer and winter traffic patterns in the study. There will be a traffic study done by a consultant hired by the applicant. He asked that she put her specific request in writing and give it to the WMC to have addressed. Lapin asked for any enforcement action reports from the Vail Police Department that are specific to this area for the past two years, as the close calls between pedestrians, bicyclists and motor vehicles is very high. Town of Vail August 21, 2012 Minutes Page 7 Zemler said they are talking about two different things. The hospital is doing a master plan and they are not submitting a traffic study at this time and not submitting anything at this time for consideration. Zemler clarified that Lapin wants to find a base line of what accidents have happened on Meadow Drive to date. He asked Lapin to submit her questions to him, in writing, so the town staff can answer them to the best of their ability. Lapin doesn't think there are any enforcement folks on West Meadow Drive very much. She wants a baseline prior to the WMC expansion begins. She wanted a clarification of what emergent traffic means and where people will access emergency services. Daly stated this will be addressed in future WMC presentations. She will see this information when Council sees it. Kirchner said the hospital has had a request to remove ambulance traffic off of West Meadow Drive. She said they would love to remove all traffic off West Meadow Drive however, they are looking at this. She said emergency traffic will be addressed during this process. Lapin said the speed limit is 15 mile per hour on West Meadow Drive and a preponderance of vehicles think they have an entitlement to go faster on West Meadow Drive if they have to go to the hospital. She wants this issue addressed. Jim Lamont, representing the Vail Homeowners Association (VHA) said Council had a letter dated July 20, 2012, from the VHA stating the VHA is initiating a process to allow them to identify issues they have are important. They are also proposing a schedule for this process and want to have a dialogue with the WMC and the town on this project. They polled an extensive number of people and what they view are issues for the WMC projects. He said one of the big issues is the operation of the helicopter. He gave the staff a copy of the FAA regulations for helipads on hospitals. He said in the FAA rule making, a helipad in a neighborhood is not advised. Neighborhood safety is important, and the WMC need to be in the process of having a helipad in the community not in the West Meadow Drive neighborhood. He said the "back of house" issues are another area to focus on. He said when they do the redevelopment of the U.S. Bank Building there is an opportunity to move the entire loading and delivery function from West Meadow Drive to the South Frontage Road. He went through issues the VHA had which included traffic studies done by the hospital instead of the town. He said the Council has a responsibility to conduct this study instead of the applicant. The next concern is how West Meadow Drive operates relative to traffic flow, pedestrian use, vehicles, skateboards, bicycles, etc. He believes there is a need to build a roundabout off of the Frontage Road to the hospital. The town and the WMC have a responsibility to deal with traffic issues. The most logical place for helipad is to be as close to the hospital as possible and said the helipad should be at the new medical office building (MOB). Donovan asked for clarification on the location of the bus barn, is he suggesting that the medical office building be a temporary or permanent solution. Lamont said it would be up Council to define. Daly said he had a few questions for Lamont. He said the town has a regulatory responsibility and the town is in partnership for the development of the shared parking between the town and the MOB only. Lamont said the town should be responsible to do the traffic study and figure out that maybe a roundabout is necessary. Daly clarified that the WMC process is not well under way and they are just starting the process and are at least nine months away from making any applications to the town. He said the updates will be no less than once every other month and Town of Vail August 21, 2012 Minutes Page 8 having it in writing is a good idea. It will be part of the record and Council will read it ahead of time so they can ask appropriate questions. Lamont said he feels both sides of the WMC projects on each side of the Frontage Road should be considered as one. Daly said they are two distinct projects but they will look at the traffic issues together. Zemler said CDOT will have it no other way. The town and CDOT will have a say in this manner. In the PEC and Council process, CDOT input and the town's process is very apparent. Daly said the town is asking for regular updates from the VVMC and will expand help expand to include the input process and this will be as encompassing as possible. From the Council perspective this will be a very inclusionary process. Lamont said there have been other projects that were highly volatile. He said the July 20"' document included the neighborhood concerns. The VHA is suggesting the WMC continue their dialogue with the neighbors and have a much more collegial and collaborative process. Daly said he has his own copy of the FAA regulations. He asked the rest of the Council to review these as well. In fairness, he said he should disclose his conflict of interest as a neighborhood adjacent property owner. Lamont said his wife owns the home and not him but is has fallen to him to bring to the Council the neighborhood concerns. Daly said the Council is committed to having an inclusive, comprehensive and innovative process. Yvonne Martins, a retired physician and a part time resident since 1984, said she is appreciative of opening this up to the public. She has concerns about the helipad being adjacent to tall buildings and being in a residential area. Her second concern is drawing people from the west of the County and towns to the west of Vail. She wants to know the rationale of bringing them into town when it is already congested. Margy Kell, an Alphorn condominium owner, said she has a bird's eye view of West Meadow Drive. She said something serious is going to happen soon as there are so many different types of vehicles, bicycles, strollers, pets, skateboards and pedestrians on that road. She has never seen a police officer on Meadow drive or vehicles going the 15 mph speed limit. She wants to underscore the seriousness of this issue. She sees close calls for accidents nearly every day. Jerry Worshovski, a Scorpio condominium owner, said most everything has been spoken of, from his perspective, the hospital has taken care of all the walking wounded with the facilities they have now. He sees Vail as a paradise not a business. For this community, the hospital can take care of any needs but they don't need to add additional trauma units. He is against the whole process as he doesn't think this will change anything. It won't be good for the community. It won't do anything for the residents who are here full time or part time. Daly said one question that remains is at the next work session, should they discuss whether a traffic study should be implemented more quickly, be done by the town or the hospital and the hospital should pay for it. Moffet said doing a traffic study on a 15 mph study is tricky. He said historically, the state doesn't recognize those speed limits and that you should be careful what you ask for, as the speed limit could go to 25 mph. Town of Vail August 21, 2012 Minutes Page 9 Zemler said let staff go back and look at what has been done, look at signage and day-to-day functioning. There may not be a need for a traffic study. They do have to be careful what they ask for as it may increase the speed limit as the street might accommodate a higher speed limit not a lesser speed limit. Staff will get back to Council with a report. The sixth item on the agenda was second reading of Ordinance No. 2, Series of 2012; the Vail Village Townhouse (VVT) District, and setting forth details in regard thereto; and Resolution No. 7, Series of 2012, amending Chapter VII, Vail Village Sub -Areas, East Gore Creek Sub -Area (#6), Vail Village Master Plan, pursuant to Chapter VIII, Implementation and Amendment, Vail Village Master Plan, to include recommendations related to a new Vail Village Townhouse (VVT) District, and setting forth details in regard thereto. Bill Gibson, Planner, handed out new copies of Ordinance No. 2 with revisions as discussed at the work session earlier in the day and Resolution No. 7, 2012. These are the most current ordinance revisions. A vicinity map was included to be perfectly clear which properties are included in this ordinance. He went through the amendments with Council. Donovan asked if there was any feedback from people notified in the past two weeks. Gibson said no response was received from anyone that notices were sent to via our public notice process, emails and mail, about a week and a half ago. Further discussion ensued. Gibson said changes to the parking and loading of one space per dwelling unit could be added versus the 1.4 that is there currently. With 1.4 this is rounded up to 2 spaces per unit. Daly and Rogers wanted to keep the status quo and keep it at 1.4 spaces per dwelling unit. Gibson said staff is okay with keeping it status quo. Moffet made a motion to approve second reading of Ordinance No. 2 with the amendments and the exception of parking and loading section to keep it GRFA based and the motion was seconded by Tjossem. Donovan said she is voting against it as supports the ordinance and resolution as read but this is a pretty big switch in direction and doesn't think they have given folks adequate time to respond. Foley said he is voting against as he doesn't think this will keep the character of the neighborhood as it is. Rogers said she did a walk through with Tjossem and Gibson. Gibson answered all the questions she had regarding keeping the character of the neighborhood. The design guidelines are so strict that the character of the neighborhood will be preserved. She will be voting in favor. Daly said kudos to Tjossem and Gibson for pursuing a solution to something that has been in process for over two years. He can support this whole heartedly. A vote was taken and the motion passed 4-2, Foley and Donovan opposed. Moffet made a motion to approve Resolution No. 7, Series of 2012, and the motion was seconded by Tjossem. A vote was taken and passed unanimously 6-0. The seventh item on the agenda was a discussion on the Main Vail Fire Station 2 bid award. Mark Miller said thanked the Council for going on the site visit to the Fire Station 2. Miller said the renovation of Fire Station 2 has been discussed and deferred for many years. Station 2 is significantly beyond its useful life in regards to basic infrastructure and systems and in need of Town of Vail August 21, 2012 Minutes Page 10 substantial repairs and maintenance. There is $1.75 million in the 2013 budget as part of the five year capital plan for renovation of Fire Station 2. Council approved $150,000 in 2012 for design and engineering, etc. Due to several significant projects including; municipal building construction, golf course clubhouse renovation, library renovation, etc., it has become apparent that moving the station renovation to 2012 would be prudent and advantageous for the town. In June, Council gave direction to move forward with final design and construction drawings and proceed with the bid process. Plans and approvals were completed and, staff solicited bids for construction, receiving six competitive bids. All of the bids exceeded the initial °preconstruction" estimates of approximately $1,400,000. Staff determined the lowest qualifying bidder was GE Johnson Construction Company. GE Johnson was asked to provide value engineering (VE) proposals for the town to consider and staff carefully reviewed areas that could lower costs without reducing quality and longevity of the structure. The bid from GE Johnson was $1,619,505. Approximately $35,000 was cut through the value engineering process in the short time frame they had to work with at this point. They are asking for the Council to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000 which is over $150,000 over the original budget amount. There is a six to seven month window of opportunity to get this project done. Donovan made a motion to direct the Town Manager to enter into a contract with GE Johnson for the renovation of Fire Station 2 for the amount of $1,584,505 with the suggested amendments and based on accepted value engineering items and move the $1,750,000 budget in 2013 be moved to 2012, bringing the total project budget to $1,900,000; and the motion was seconded by Rogers. Moffet said for the record, they walked the site and the town has squeezed every ounce of use out of the building. Rogers said moving the timing up to 2012 construction period as it falls nicely in timing with all the other projects so it makes sense to do it now. Daly asked that staff continue to work with GE Johnson to reduce the $150,000 that is over budget. A vote was taken and the motion passed unanimously, 6-0. The eighth item on the agenda was an update on the status of Ford Park Budget Phase 1 bid results and a request to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. Greg Hall, Public Works Director, stated through the spring of 2012, they went through the development plan for Ford Park. Looking at all the phases, in June they identified that there were budget issues with some of the items. The original budget was $6.3 million, with $3.8 million coming from conference center funds and $2.5 million with existing RETT dollars. Construction drawings were done in the summer and they received four bids and all four bids were higher than the original cost estimates. There have been more RETT dollars identified to use toward this project since the East Vail bike lanes project came in lower than anticipated and RETT funds could be used from that project. Hall said work in Phase 1 includes a west outfield wall, setting up the project for moving the restrooms, working on the East Betty Ford Way path from the east parking lot down to the amphitheater, adding a major retaining wall. He said the most costly would be the utility work. He said the utility work is about a million dollars which is a significant change from the budget which was budgeted at $100,000. He said $1.3 million of the cost could be budgeted in 2013 and 2014. Phase 1 would be done in 2012, Phase 2 in 2013 Town of Vail August 21, 2012 Minutes Page 11 and Phase 3 in 2014. Hall said through value engineering, they identified small items to reduce costs; East Betty Ford Way reducing traffic and making it one way. Timing of each phase was discussed, keeping access from at least one way open at all times. Doing work in the fall is best as spring can be very wet. Rogers and Donovan asked about the artificial turf in the softball fields. Donovan said she remembered the discussions about artificial turf and thought they had made a decision not to use it. There were several discussions around artificial turf. She remembered that they said injuries were higher, couldn't hold events on it, the maintenance would be greater and artificial turf wasn't "Vail". Mike Ortiz, Director of the Vail Recreation District (VRD) said they aren't putting in an artificial turf; they are putting in artificial interior fields. He explained the difference between artificial turf and a skinned infield. Ortiz said the whole idea for redoing the fields was to have a multi- purpose field where multiple sports could be played on it. He said we can't have a skinned infield (a dirt infield) and have multiple sports. He said there is a lip from the infield to the outfield and this isn't safe for other sports. When you have artificial turf on the infield, it creates a safety area and the transition is smoother. He said after the La Crosse tournaments play on the fields, the fields are torn up. Then you ask people to play softball on torn up turf and people get hurt. This is dangerous and this is a safety issue. Moffet asked that then the idea is to have a synthetic infield and natural turf on the outfield. Ortiz said yes. Moffet asked if there were other places that had this type of field. Ortiz said there is a complex in Denver that has three fields set up that way. Moffet said he is a fan of synthetic. He asked why you wouldn't do the whole thing. Ortiz said cost is the factor for not doing the whole thing. Rogers asked why you can't do this for the whole field for natural turf. Ortiz said you can't play softball on a whole natural turf field. Further discussion ensued. Zemler said since this is not being done this year, maybe they do a field trip and get more information to Council as there is confusion about the differences. Ortiz said he has pictures, testimonials from people who use it and could do a field trip. Daly said Phase I is where they need to spend their time this evening. He asked Hall to talk about the utilities since this is a big budget breaker. Hall asked Mark Luna to talk about what is existing and what is proposed. Mark Luna with Martin/Martin, civil engineers for the project, said the cost to get a fire services to the Betty Ford Alpine Garden (BFAG) proposed building is $100,000. He said currently there is only one water line into the park at this time. The addition of another line allows for two water lines into the park. Daly asked why the town is paying for the hydrant for the BFAG if it is directly contributable to the gardens building. Luna said this line also supplies water to other parts of the park. If the current water line goes down, all water service to all parts of the park go down. Hall said this new line would service the new restrooms as well. The line doesn't go down all the way to the BFAG building. The loop completion would be completed when they build the BFAG building. They have phased the water line to be done with the sewer line. The water and Town of Vail August 21, 2012 Minutes Page 12 sewer cost is approximately $500,000 to complete. Further discussion ensued about the sewer lines, water lines and where they need to go, deterioration of current lines, drainage, fitting three service utilities in one pathway, etc. Ortiz said when service goes down in the park for water, due to only having one line that is a real deal. This summer there was a break and they almost lost the turf. Todd Oppenheimer explained the electrical systems, which is the other large cost of utility work. He explained the current electrical services are not up to code and substandard. They will be relocating transformers; they will be adding transformers, adding 50 new lighting fixtures as well as controls to operate the lights. They would like to be able to dim them but this is not added in the costs at this time. The cost for this is about $446,000. The work will be done by Holy Cross and the town will have to pay for it. The two transformers may cost another $200,000. Hall said storm sewer work make up the rest of the cost of $135,000. This is part of the Phase 1 portion and there is also storm sewer costs in Phase 2 as well. Foley asked if we do electrical and water now, would the park have to be dug up again anytime soon. Hall said not for a while, once this work is completed it shouldn't be dug up again until the playground restroom is done. Additional work will need to be done when the Phase 2 and Phase 3 projects move forward. Also there may be some work when the BFAG project and the amphitheater projects are ready to go. The Vail Valley Foundation and the BFAG are doing fundraising for their projects so that may take some time. Daly said the proposed budget is now up from $7.5 million to $8.5 or about 25% for Phase 1. He wanted to know what guarantees will the Council have that this won't happen with Phases 2 and 3. Moffet asked what have we learned so we don't do this again. Hall said utilities were a big issue. Staff is looking at reasonable tie-ins with utilities and with estimates and having a Phase 1 contractor, the plans are further along. There are cost savings by doing all this work now. He said his concern is that in 2013 and 2014, if construction picks up, the cost may go up. He said civil work is still competitive. Moffet asked if there are any additional surprises. Hall said the existing concrete block on field side is not in the estimate and is not in great shape and may be a significant cost. Moffet said to build it in. Daly asked why the town wouldn't get VRD to pay for the artificial turf. Ortiz said the town could ask the VRD to pay for part of it and the VRD could make payments to the town. The town could ask for it if they choose to. Daly summarized the costs and asked the rest of the Council if they are willing to add additional funds in this project from RETT funds. Further discussion ensued. Moffet made a motion to award the Ford Park Phase 1 construction contract to R.A. Nelson, Inc. for $4,737,338 as stated in Option 1 of the memorandum. The motion was seconded by Foley. A two minute break was taken. Town of Vail August 21, 2012 Minutes Page 13 Zemler stated he wanted to be sure everyone understands by making this allocation today this still is true and whole and within the parameters of what the voters have agreed upon. This fall the Vail Valley Foundation (VVF) will start implementing some of their projects. Jack Hunn, with the VVF, said their Phase 1 of their project is out to bid now and three weeks out from knowing what the costs are. They are hoping they don't have the same budget challenges as they want to start construction beginning September 24, 2012. A vote was taken and the motion passed unanimously, 6-0. The ninth item on the agenda was Resolution No. 25, Series of 2012, A Resolution calling a special election for November 6, 2012, to be Coordinated with Eagle County, and submitting ballot questions to the registered electors of the Town of Vail at the November 6, 2012 Coordinated Election. Matt Mire, Town Attorney, stated the Council determined that several changes to the Vail Town Charter were warranted. All amendments to the Vail Town Charter must be approved by the registered electors of the Town at a regular or special election. Mire reviewed each of the ballot questions with Council. Additional discussion was had on item number 4, regarding percentages of referendum and initiative needed to add something to the town's ballot. The state percentages would be a lesser percentage than the town's current percentages. Another item was the split for budget requirements for capital projects and the general fund on whether it should be by ordinance versus charter as the charter does not have a specific split in the language. Moffet had more questions on the date of elections. Mire will research this further and take another look at this. Mire said September 4 is the last date that the town can approve ballot questions and submit them to the County by September Ph, to be included in the November election. The other item was to keep the percentages of signatures needed per the existing town charter for initiative and referendums but clean up the language for the procedural items. Foley asked how you get this information out to the public. Mire said that the town a resolution they can adopt to explain the changes. Rogers said the item regarding the split allocation of the capital funds and the general fund should be done by ordinance. It is not a good idea to keep it in the charter as it is not clear about the specific split and cannot be changed except by voters. The Council is still be bound by ordinance to approve the budget. The council has always had a super majority vote on the budget. This could still be done by ordinance. If circumstances change in future, it gives council flexibility to change as they still have the same analysis process. It gives the Council flexibility they otherwise wouldn't have. They would still have to have a super majority. Moffet said this doesn't belong in the charter, it's messy and it's not clear. Mire said the split has been a compilation of various ordinances and discussions through the years; this is not in the charter. Town of Vail August 21, 2012 Minutes Page 14 Daly said he will represent the opposing view. He said there have been things amended through the years in the constitution and it can be appropriate. This concept has served us well. He thinks that a fundamental of budgeting is better not to change things easily. If there needs to be change there are mechanisms in place to allow for that. He said he wants to propose a more conservative approach by considering the foundation that they rely on year after year, are more stabilizing and why they have large budget fund balances now. By changing to make it easier to change percentages will not serve the town. Rogers said the past language doesn't say anything about a 50/50 split. Daly said they have been living by this idea and directed by the charter that split sales tax revenue on a 50/50 basis. Moffet said it was an interesting point, but the language isn't in the charter and the Council is still following the split closely. Rogers said the budget could be approved by super majority. Council is allowing two or three people to hold up the whole process. If there is anything less than a simple majority, there could be blocks if people say don't approve the budget unless you do what they say. Daly said that is a possibility. The charter does provide that the prior budget year stays the same in that case. Further discussion ensued. Moffet he would rather see it in an ordinance. Tjossem said she feels just because we have always done it the same doesn't mean you should keep doing it. She thinks it would be better to go to an ordinance and this is the right time to clean it up so all current and future Council members get this right. It doesn't make sense that this be in the charter anymore. Donovan said generally people want to have the 50/50 reflected in an ordinance. She said there could be five votes for that. She said they are avoiding the option to doing away with 9.4 in its entirety or leaving some language in the charter. She said to strike Section 9.4 entirely, leave as it or change it. Daly asked if there were four people in favor of having this by ordinance. Tjossem, Rogers, Moffet and Foley raised their hands in favor of doing this by ordinance. Daly and Donovan opposed. Further discussion ensued about how to proceed, about whether to strike section 9.4 in it's entirely, or changes the charter language; find the right balance of language in the charter and by ordinance. Mire will bring back new language at the September 4 meeting in a resolution. Daly reviewed the ballot questions again and Mire will bring back a resolution with the changes. "Safety language" will be proposed that may be added to the charter regarding the capital and general fund issue. The Council has a September 4t' deadline to approve final ballot language questions The tenth item on the agenda was Ever Vail. Staff requested Council continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing. Moffet made a motion to continue the major subdivision and Ordinance Nos. 7, 8, and 9, Series of 2011 to the September 18, 2012 public hearing and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. Town of Vail August 21, 2012 Minutes Page 15 The eleventh item on the agenda was adjournment. As there was no further business, Moffet made a motion to adjourn and the motion was seconded by Donovan. A vote was taken and the motion passed unanimously, 6-0. The meeting adjourned at 9:50 p.m. Attest: 4relonaldson, Town Clerk \ Town of Vail August 21, 2012 Minutes Respectf y Submitted, Andrew P. Daly, ayor Page 16